Observations and recommendations of the Committee on the Rights of the Child: Ukraine, 2012 by Group Children Rights in Ukraine

Observations and Recommendations

of the Committee on the Rights of the Child Ukraine, 2011

Child and Adolescent-Friendly Version

Table of Content Introduction

4-5

CONVENTION ON THE RIGHTS OF THE 6-7 CHILD AND ITS HISTORY CONCLUDING OBSERVATIONS AND RECOMMENDATIONS OF THE COMMITTEE ON THE RIGHTS OF THE CHILD: 8-36 UKRAINE Definition of the Child

General Principles Non-discrimination Best Interests of the Child Right to Life, Survival and Development Respect for the Views of the Child

8-11 12-14

Civil Rights and Freedoms Birth Registration Name and Nationality Freedom of Expression and of Association and Peaceful Assembly Torture or other Cruel, Inhuman or Degrading Treatment or Punishment Family Environment and Alternative Care Family Environment Children Deprived of a Family Environment Adoption Abuse and Neglect

Basic Health and Welfare Children with Disabilities Health and Health Services Adolescent Health Mental Health Drug, Tobacco, Alcohol and other Substance Use HIV/AIDS Standard of Living

15-18

18-24

Education, Leisure and Cultural Activities Education, Including Vocational Training and Guidance Aims of Education Rest, Leisure, Recreation and Cultural and Artistic Activities

24-26

26-34

Special Protection Measures Asylum-seeking and Refugee Children Economic Exploitation Including Child Labour Children in Street Situations Sexual Exploitation and Abuse Sale, Trafficking and Abduction Helplines Administration of Juvenile Justice Children Victims and Witnesses of Crimes Children belonging to Minority or Indigenous Groups

General Measures of Implementation Training Awareness Legislation Coordinator National Plan Data gathering and monitoring Child Ombudsman Funds distribution Civil society International cooperation for children Participation in decision making

34-36

Introduction Dear friends!

You are holding the document, which is extremely important for all children and adolescents in Ukraine, as it has significant impact on ensuring the rights of every child.

What is it?

This paper is called “Concluding Observations and Recommendations of the Committee on the Rights of the Child: Ukraine” (or “Concluding Observations”). It was developed in winter of 2011. In this document the Committee identifies basic violations of the rights of the child in Ukraine and expresses its vision of how these violations can be eliminated.

Why this document was developed?

They have written this document in order to help Ukraine to improve current situation in the area of protection of children’s rights. All institutions and organizations working with and for children should be guided by this document. In 2017 Ukraine will report to the Committee’s experts on how the country has fulfilled these recommendations.

What is the United Nations Committee on the Rights of the Child?

The United Nations Committee on the Rights of the Child (or CRC) is a special body, established in 1991 within the United Nations system. The Committee observes the implementation of the UN 4

Convention on the Rights of the Child and its two Optional Protocols – on the involvement of children in armed conflicts and on the sale of children, child prostitution and child pornography – by the member states. The Committee consists of 18 independent experts, elected by the member states for the 4-year term. CRC experts represent all continents and basic legal systems. Each country has the right to nominate a candidate to work in CRC. Key requirements to the candidates are “high moral standing” and competence in the area of protection of children’s rights. Names of all experts of the Committee can be found at http:// www2.ohchr.org/english/bodies/ crc/members.htm The United Nations (UN) is an international organization, which was founded to facilitate international peace and security, and to promote cooperation between the states. Its basic operational frameworks and structures were developed during the World War II. The term “United Nations” was first officially used on January 1, 1942 in the document, called “the United Nations Declaration”. The UN was founded by 51 states, including Ukraine.

How does the CRC work?

The Committee meets in Geneva (Switzerland) and normally holds three sessions per year. Every session is attended by the representatives of several countries, who report on the progress of implementation of the Convention on the Rights of the Child. To do so, every 4 to 6 years

every country submits its special National Report to the Committee. If necessary, CRC experts may request additional information from the countries. Supplementary data may be also submitted by non-governmental organizations working with and for children. As a rule, their information is much more critical, highlighting the most acute issues of protection of children’s rights and interests. Non-governmental organization — (or NGO) is the union or association of citizens, established to pursue their common interests. As of January 1, 2009 there were 2,876 all-Ukrainian and 65,951 local non-governmental organizations. Activities of these NGOs focus on various issues, related to human rights protection and representation of people’s interests. In particular, they include the right to freedom of speech and assembly, the right to be free from torture (violated by the police and in prisons), the right to education (especially for individuals with special needs), the right to health (the spread of HIV/ AIDS, tuberculosis, cancer, etc.), protection of the rights of the child, the issues of environmental safety, fight against corruption and so on.

Does CRC consider the views of children?

The Committee on the Rights of the Child recommends all states and the civil society to take children’s views into consideration while preparing their reports. CRC also encourages children to submit any information directly to the Committee. Children may present their own vision of the issues that

they face. Written texts can be submitted to the CRC immediately after submission of the official report from the state. There is also an opportunity for children, who submitted such information, to meet the CRC experts and to share their problems in person. Information, obtained from the states, from non-governmental organizations and from children, ultimately serves as basis for concluding observations and recommendations.

What does “childfriendly” version mean, and where one can get the full version of the document?

Original Concluding Observations were written for the specialists working in the area of protection of children’s rights; they often contain very specific notions and concepts. At the same time, the document focuses on the rights and interests of the child, therefore children have the right to know and to understand it. To make clearer for children of different age, we “translated” it into the language of children. This version, among other things, provides explanations and interpretation of certain terms and concepts in the text. Moreover, for children to realize the importance of certain problems, we included some figures and facts that are absent in the “adult” version of the Concluding Observations. Anyway, we want you – children and young people – to have the same information as adults do. So we also offer you an electronic link to the full text of the

Concluding Observations: http:// www2.ohchr.org/english/bodies/ crc/docs/CRC.C.UKR.CO.3-4_en.pdf

Why do children need to know what is written in the Concluding Observations?

Most likely, all of you have heard about the Convention on the Rights of the Child, which describes all basic rights and freedoms of children. Concluding observations and recommendations will help you to get better understanding of the Convention. When you read through this text, you will be able to recognize situations, where your rights, rights of your friends and other children’s rights are violated. Therefore, you will be able to seek appropriate assistance or to ask questions about why it happens. This will be the first step towards protecting yourself and safeguarding your rights.

Who in Ukraine is responsible for protecting children’s rights?

In Ukraine there exist both governmental and nongovernmental institutions that deal with the rights of children. The Ukrainian Parliament Commissioner for Human Rights (or Ombudsman) exercises parliamentary control over the observance of human rights and the rights of children. According to the Constitution of Ukraine, every adult and a child has the right to appeal for the protection of his or her rights to the Commissioner. The Commissioner for Human Rights

can raise an issue on provision or renewal of violated rights of adults and children before any authority, government body or public official in Ukraine, including the President, the Prime-Minister, sectoral ministers, heads of state administrations, heads of city and village councils. The Parliament of Ukraine has appointed Valeriya Lutkovska to the position of the Ukrainian Parliament Commissioner for Human Rights. You can always appeal to her by writing a letter to the address: 01008, Kyiv, 21/8 Instytutska St., by calling to the hotline: +38-044-253-75-89, or by sending an e-mail to the address: hotline@ombudsman.gov.ua. There is also a special Advisor, who consults the President of Ukraine on the best ways of protecting the rights of children. His name is Yuriy Pavlenko, and you can contact him via the telephone (+38-044-255-78-03), or by e-mail (pavlenko@apu.gov.ua). Additionally in Ukraine we have a national hotline for children. By dialling 0-800-500-33-5 or 386 you will get guidance on what to do, if your rights are violated. All calls to these numbers are toll-free. A number of relevant governmental and nongovernmental organizations work in every region and every city, e.g. Child Affair Service. You can get contact information of such service in your city or region by asking teachers, social workers and social service volunteers.

Convention on the Rights of the Child and its History Why there was a need in the Convention on the Rights of the Child?

Understanding of an issue that requires attention of the international community can be considered as a “starting point” for the development of any human rights treaty. Efforts to protect children from ill-treatment and exploitation are dating back to the late nineteenth century, when children were considered as “property” of their parents until reaching full legal age. Reform activists focused on the issues of child labour and on improper treatment of homeless children and orphans. In 1923 Eglantyne Jebb had drafted the Declaration of the Rights of the Child, which was adopted a year later by the League of Nations. Nonetheless, the rights of the child were specifically mentioned neither in the Universal Declaration of Human Rights, nor in other United Nations human rights treaties. According to these documents, the rights of adults applied to children, but at the same time they did not recognize children as bearers of rights.

When did the development of Convention on the Rights of the Child start?

The first step towards Convention was the Declaration of the Rights of the Child, when in 1959 the working group had elaborated ten principles defining basic rights of all children. However, principles, set forth in the Declaration, were not legally binding for the governments, so there was a need to transform them into “Convention”. The process of development of the “Children’s Convention” lasted for 9 years – the period of compromise and negotiating among member states and wide consultations with intergovernmental organizations and NGOs.

When did the Convention enter into force?

The UN General Assembly adopted the Convention on the Rights of the Child in 1989. Shortly more countries have ratified this Convention than any other human rights treaty. Consequently in 1990 it has entered into force as an international law. Overall, 193 countries of the world have ratified the Convention on the Rights of the Child. The Convention on the Rights of the Child has entered into force in Ukraine on September 27, 1991; since then it has become an integral component of the national legislation.

What is the Convention’s structure? How many and what rights of the child does it define?

The Convention on the Rights of the Child consists of three parts and includes 54 articles that set forth about forty rights. Tentatively they can be subdivided into four groups: “Take care of me”. This group includes the rights to appropriate and healthy nutrition; to education; to health care and leisure. “Do not abuse me”. This group encompasses the right to be protected from economic exploitation and forced labour; the right not to be involved in warfare; the right to be protected from sexual exploitation. “I have an opinion of my own”. This group includes the right to freedom of expression; the right to freedom of religion and assembly with other children; and the right to information. “I need special assistance”. Lives of some children are more difficult than those of their peers. This is why these children require special attention and care. Here we speak about children with disabilities, children deprived of parental care, refugee children and children in contact with the law. Full child-friendly version of the Convention on the Rights of the Child can be found in the following chapter. 7

Concluding Observations and Recommendations of the Committee of the Rights of the Child: Ukraine Definition of the “Child” (Article 1 of the Convention)

Issues,

identified by the CRC in Ukraine:

•The girls can get married earlier, than the boys. •In certain cases children may get married in the age of 14 years.

Article 1. Definition of a child:

Until you are eighteen, you are considered a child and have all the rights in this convention.

Legal age of marriage is the minimum age when you can get married. It is also important to remember that after marriage a child gains full legal responsibility, that is, becomes responsible for his or her spouse and a child (if early marriage is the result of pregnancy). In different countries legal age of marriage varies, making up 18 years – in the United States and Egypt; 17 years - in Northern Ireland; 16 years – in Namibia; 15 years – in Sweden; 14 years – in Canada; 13 years – in Korea, and 12 years – in Mexico. Without doubt, 16 years is the most widespread minimum legal age of marriage in the world.

Solutions

, suggested by the CRC, or what needs to be done in Ukraine

•It is necessary to amend the national legislation to guarantee the same minimum age of marriage for both boys and girls – 18 years. •It is necessary to amend the national legislation to establish the exceptional (minimum) age of marriage of 16 years. •It is necessary to clearly stipulate circumstances of marriage at the age of 16 years.

Non-Discrimination General Principles (Articles 2, 3, 6 and 12 of the Convention)

Issues,

identified by the CRC in Ukraine:

•Children representing national minorities are at risk of becoming victims of racially motivated offences. • Instead of supporting measures to develop tolerance and intercultural dialogue, the state prioritizes “patriotic education”. • Children with disabilities, children of minority groups (especially Roma children), “street children”, children living with HIV/AIDS, asylum-seeking and refugee children suffer from discrimination in various settings.

Article 2.

Freedom from discrimination: You should not be discriminated against for any reason, including your race, colour, sex, language, religion, opinion, religion, origin, social or economic status, disability, birth, or any other quality of your or your parents or guardian.

Solutions,

suggested by the CRC, or what needs to be done in Ukraine

•Ukraine should take effective measures to prevent any discrimination of children on any basis. •It is necessary to promote youth programmes to support intercultural dialogue, tolerance and respect to cultural diversity. •It is necessary to monitor the situation of children who are most vulnerable to discrimination. • The principles of nondiscrimination should be incorporated in the national legislation.

Discrimination (Latin Discriminatio — difference) means unequal treatment of individuals, based on prejudice or affection, related to the race, colour of skin, gender, linguistic differences, religion, political views, disability and so on. National minorities denote groups of citizens of a specific country, who do not represent the ethnical majority, but demonstrate national selfidentification and unity. Racism means biased personal attitude towards other people due to their belonging to a certain group or colour of skin, aimed at depriving them of certain rights (e.g. employment, housing, etc.). Tolerance (Latin tolerantia — patience) in general means the ability to accept something without approval. At the individual level tolerance means person’s ability to accept other people’s views, behaviours and lifestyles that are different from his/her own, without any aggression. Tolerant attitude towards other people’s lifestyles, behaviours, customs, traditions, feelings, ideas and beliefs is the precondition for stability and unity of the society, especially if it is not homogeneous in religious, ethnical and other social contexts. Intercultural communication stands for the communication between representatives of different cultures. The quality of such communication can be improved, if representatives of various cultures will have identical interpretation of symbols and strong desire to communicate effectively. Xenophobia (Greek ξένος – “alien, foreign”, and φόβος, - “fear”) means pre-conceived and unfounded fear of everything that is new and foreign, especially of all persons of foreign origin, their cultures and customs.

Best Interests of the Child

Issues,

identified by the CRC in Ukraine:

• The best interests of the child are not taken into consideration during the decision-making regarding children. This particularly concerns children deprived of parental care and children in contact with the law.

Article 3.

The child’s best interest: All actions and decisions that affect children should be based on what is best for you or any child.

Best interests of the child mean the principle, by which all decisions are made with appropriate consideration of children’s interests. It is mentioned in the Convention on numerous occasions and applies to all actions pertaining children: а) Best interests of individual children. In all decisions, related to childcare, child’s health, education and so on, the best interests of the child should be a primary consideration, particularly on the part of parents, specialists and other caregivers. To do so, the state shall provide a child with all opportunities to participate in court procedures and to be heard in all settings, where children can freely express their views or concerns; b) Best interests of children as a group. The principle of the best interests of the child should be fully considered in law making, issuing administrative and judicial decisions and in providing services that affect children. This also concerns measures that directly affect the children’s interests (e.g. health services, school education, childcare system), as well as measures, that are indirectly linked to children (e.g. environmental issues, housing or transportation).

Issues,

identified by the CRC in Ukraine:

• Many children die at birth. Many mothers perish during delivery. • Limited number of maternity facilities, which are “BabyFriendly”.

Solutions

, suggested by the CRC, or what needs to be done in Ukraine

• It is necessary to establish systems and procedures of the state policy for ensuring that the best interests of the child are adequately taken into account, especially interests of children in contact with the law and children deprived of parental care.

Right to Life, Survival and Development

Article 6.

Right to life and development: You have the right to live and grow well. Governments should ensure that you survive and develop healthily.

“Baby-Friendly Hospital” is a special title, given to a health care facility, where newborns are given to mothers immediately after birth and remain together ever since; where mothers initiate breastfeeding within one hour after delivery; and where babies receive exclusive breastfeeding.

Solutions

, suggested by the CRC, or what needs to be done in Ukraine

• It is necessary to improve health care services for mothers and babies. •It is recommended to increase the number of qualified health professionals working in the system of maternal and infant health, and to ensure their adequate training. • It is suggested to promote responsible parenthood and healthy lifestyles.

• It is necessary to support the establishment of more “BabyFriendly Hospitals”, giving priority to rural areas.

Respect for the Views of the Child

Article 12.

Respect for the child’s opinion: When adults are making decisions that affect you, you have the right to say freely what you think should happen and to have your opinions taken into account.

Solutions

, suggested by the CRC, or what needs to be done in Ukraine

• It is suggested to amend current legislation to allow for the right of children, who may be affected by judicial and administrative proceedings, to express their views and to be heard.

• The State Concept on children in conflict with the law should include the right of the child to express his/her own views. • The right of children to be heard and express themselves should be stipulated in the Law on Education. This Law should also provide for the establishment of students’ councils. • Child’s views should be respected within the family, in schools and in the community. • Children should be able to participate in all matters affecting them.

Issues, identified by the CRC in Ukraine:

• Views and opinions of a child remain generally unheard in civil and administrative proceedings, and in the administration of juvenile justice. • Participation of children in decision-making processes regarding their future remains the exception rather than the rule. Typical administrative procedures may include decisions on child health, environment, living conditions or protection. The list of civil and administrative procedures may include but not be limited to the following: separation of parents; imprisonment; guardianship and adoption; children in conflict with the law; child victims of physical or psychological violence, rape or other crimes; the issues of health or social protection; unattended children; asylum-seekers and refugee children; victims of armed conflicts and other emergencies. Children in conflict with the law are children who actually or allegedly committed an offence. Justice, or administration of justice. Justice means fairness for all. The process of administration of justice involves many people, who make joint efforts to reach fairness and to ensure equal rights to all actors. Justice is one form of public administration; it is means by which the state performs its internal function of protecting the law, property, rights and freedoms of its citizens through settlement of various civil and criminal cases at the court according the to rules and regulations, established by the civil and criminal law. In other words, on behalf of the state appropriate legal norms are applied to facts and relations, identified during the court procedures, and if necessary – relevant punitive measures are taken against offenders. Juvenile justice (Latin juvenalis — related to young people, and juvenis — young man or woman; justitia — fairness, justice) is a specialized system of justice regarding juveniles. The juvenile justice system deals with children who actually or allegedly committed an offence. In other words, this system works with individuals under 18 years of age. Within the juvenile justice system an offender is more important than his/her offence. As a result, it is essential to assist and to correct a child, rather than to punish him/her. Participation means involvement of an individual in any actions, when his or her voice is heard and taken seriously — usually in the decision-making process. However, participation can be purely “tokenistic” – in such cases an individual is not taken seriously and is allowed to participate in certain events only not to disappoint him/her, or because it looks good. 11

Civil Rights and Freedoms (Articles 7, 8, 13―17, 19 and 37 (a) of the Convention) Birth Registration

Article 7. Birth registration, name, nationality and parental care: You have the right to have your birth legally registered, to have a name and nationality and to know and to be cared for by your parents.

Issues,

identified by the CRC in Ukraine:

•Large numbers of Roma children are not registered and do not possess personal documents, which are necessary to access education, health services and employment. Access is an opportunity to make use of something or to benefit from something (e.g. to have access to education or health services). Roma is a nomad people of Indian origin that lives in many countries of the world. They are also known as Gypsies, but it is correct to call them “Roma”. Roma constitute one of the largest ethnic minorities in Europe.

Solutions

, suggested by the CRC, or what needs to be done in Ukraine

•Free and compulsory birth registration should be made available to all children, regardless of ethnicity and social background. •It is necessary to abolish any punishment, e.g. fines, for the failure of parents to register their children. •Information about the necessity and compulsory nature of registration should be widely disseminated, especially among Roma people.

Name and nationality

Article 8.

Preservation of identity: Governments should respect your right to a name, a nationality and family ties.

Issues,

identified by the CRC in Ukraine:

•A child’s Ukrainian citizenship may be renounced by the state.

Solutions

, suggested by the CRC, or what needs to be done in Ukraine

•It is necessary to guarantee the right of the child not to be deprived of the nationality on any ground. Convention (Latin conventio — agreement, treaty) is the type of international agreement with written provisions and norms contained herein are legally binding for signatories of this Convention.

•It is recommended to ratify Convention relating to the Status of Stateless Persons and Convention on the Reduction of Statelessness.

Freedom of Expression and of Association and Peaceful Assembly

Issues,

identified by the CRC in Ukraine:

•National legislation prohibits children’s participation in political rallies and demonstrations as well as the establishment of children’s associations along political and religious lines.

Solutions,

suggested by the CRC, or what needs to be done in Ukraine

•Ukrainian legislation should expressly protect the right of the child to freedom of expression. •It is necessary to undertake a review of the Law of Ukraine on Youth and Children’s Public Organizations to ensure its compatibility with the right of the child to freedom of association and to peaceful assembly (in line with Article 15 of the Convention). The right to freedom of expression, freedom of worship and religion means the right to change one’s religion or beliefs, as well as the right to manifest one’s religion or beliefs in teaching, practice, worship and observance both individually and in community, in public or private.

Article 13.

Freedom of expression and information: You have the right to seek, get and share information in all forms (e.g. through writing, art, television, radio and the Internet) as long as the information is not damaging to you or to others.

Article 14.

Freedom of thought, conscience and religion: You have the right to think and believe what you want and to practise your religion as long as you do not stop other people from enjoying their rights. Your parents should guide you on these matters.

Article 15.

Freedom of association and peaceful assembly: You have the right to meet and to join groups and organisations with other children as long as this does not stop other people from enjoying their rights.

Article 16.

Privacy, honour and reputation: You have a right to privacy. No-one should harm your good name, enter your house, open your letters and emails or bother you or your family without a good reason.

Article 17.

Access to information and media: You have the right to reliable information from a variety of sources, including books, newspapers and magazines, television, radio and the Internet. Information should be beneficial and understandable to you.

Torture or other Cruel, Inhuman or Degrading Treatment or Punishment

Article 19.

Protection from all forms of violence, abuse and neglect: Governments should ensure that you are properly cared for and protect you from violence, abuse and neglect by your parents or anyone else who looks after you.

Article 37.

Protection from torture, degrading treatment and loss of liberty: If you break the law, you should not be treated cruelly. You should not be put in prison with adults and should be able to stay in contact with your family.

Issues,

identified by the CRC in Ukraine:

•Children often suffer from physical ill-treatment during questioning in the district police stations. •Migrant children may suffer from the abuse while in custody of the Ukrainian State Border Guard Service. •Corporal punishment of children is widely used at home and in other children’s facilities. •Children are often unaware that such acts are prohibited.

Solutions

, suggested by the CRC, or what needs to be done in Ukraine

•It is necessary to implement measures to prevent all forms of violence. •It is recommended to initiate trainings for the members of Militia and the Ukrainian State Border Guard Service on international standards of treating children that prohibit any forms of violence against them. •It is necessary to monitor the situation of children deprived of their liberty, and to set up relevant mechanisms, e.g. mechanisms described in the recommendations of the Human Rights Committee and the Committee against Torture. •Prompt and effective investigation of all cases of torture or ill-treatment of children needs to be ensured, as well as prosecution of offenders. •It is necessary to study the issue of access to justice of children deprived of their liberty to ensure their protection against torture and ill-treatment. •It is necessary to put an end to corporal punishment of children at home and in other settings. •To promote positive and non-violent child rearing.

Mechanism from Greek means “tool” or “machine”. Therefore, the mechanism is something that helps us to act, or to achieve our plans. Standards are the accepted norm of activity or the description of appropriate mechanism with indicators, and so on. Strategies stand for long-term goals or plans. 14

•To develop the National Plan (strategy) to address the issue of ill-treatment of children. •While addressing the issues of violence, it is necessary to take special needs of both boys and girls into consideration. •It is recommended to observe recommendations of the United Nations Secretary-General’s Study on Violence against Children (http://www.unviolencestudy.org) •To cooperate and seek technical assistance from the UN agencies and NGO partners.

Family Environment and Alternative Care

(Articles 5, 18 (para. 1—2), 9—11, 19—21, 25, 27 (para. 4) and 39 of the Convention) Family Environment

Issues,

identified by the CRC in Ukraine:

•Many children are deprived of family environment either at birth or due to deprivation of their parents of parental rights. •Instead of helping parents in difficulties with child rearing, the state terminates their parental rights.

Solutions,

Article 5.

Parental guidance and the child’s growing abillities: Your family has the main responsibility for guiding you, so that as you grow, you learn to use your rights properly. Governments should respect this right.

Article 18.

Parents’ joint responsibilities:Батьки несуть рівну Both your parents share responsibility for bringing you up and should always consider what is best for you. Governments should provide services to help parents, especially if both parents work.

Article 9.

suggested by the CRC, or what needs to be done in Ukraine

Separation from parents: You should not be separated from your parents unless it is for your own good (for example, if a parent mistreats or neglects you). If your parents have separated, you have the right to stay in contact with both of them unless this might hurt you.

•It is generally recommended to support parents, even if they fail to perform their parental duties.

Family reunification: If your parents live in different countries, you should be allowed to move between those countries so that you can stay in contact with your parents or get back together as a family.

•It is necessary to ensure adequate support and resources to strengthen families.

•Removal of children from families and their placement in alternative care or institutional settings should occur only as a measure of last resort and if in the best interests of the child. •It is necessary to keep track of parents requiring social assistance.

Article 10. Article 11.

Protection from illegal transfer to another country: Governments must take steps to stop you being taken out of their own country illegally.

Deprivation of parental rights is the type of punishment, applied in cases, when child’s health, physical, mental, spiritual and moral development is at risk due to unlawful methods of realization of parental rights, inappropriate behaviour or malicious evasion of performing parental duties by the child’s parents. Deprivation of parental rights is the measure of last resort. The first step should be provision of assistance to families in crisis.

Foster family is a family or unmarried individual, who voluntarily accepts one or several (up to four) orphaned children or children deprived of parental care for day-to-day care and joint living. Services of foster families are remunerated by the state. Residential facility (institution) is a specialized educational or childcare facility for orphans and children deprived of parental care, providing permanent housing, nutrition and education. Currently such institutions are considered out-dated and ineffective in terms of child education and rearing, since they limit children’s communication with the surrounding world and have nothing in common with family environment

Article 27.

Adequate standard of living: You should live in good conditions that help you develop physically, mentally, spiritually, morally and socially. The Government should help families who cannot afford to provide this.

Children Deprived of a Family Environment

Issues,

identified by the CRC in Ukraine:

•Children deprived of a family environment, still remain in large residential institutions instead of being placed in family-type settings. Social reintegration means returning home or to familiar environment after difficult period of life. Such periods of life may include institutional placement, imprisonment and so on.

Article 20.

Alternative care: If parents and family cannot care for you properly, then you must be looked after by people who respect your religion, traditions and language.

Article 25.

Periodic review of treatment: If you are looked after by local authorities or institutions rather than by your parents, you should have your situation reviewed regularly to make sure you have good care and treatment.

Solutions

, suggested by the CRC, or what needs to be done in Ukraine

•It is necessary to maximize efforts in order to expand the placement of children deprived of a family environment in extended and foster families and other types of family-type settings, instead of staying in large institutions. •It is recommended to strengthen family support systems in order to facilitate family reintegration. •Effective monitoring of care arrangements for children, deprived of parental care, should be ensured. •These efforts should be guided by international standards, particularly those developed by the United Nations.

Adoption The Hague Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption (also known as the Hague Convention) is an international treaty that regulates the process of international adoption of children. It is particularly important, because it prioritizes national adoption – in other words, foreigners shall not adopt orphans until all resources and opportunities to adopt a child inside the country are depleted. When we speak about adoption of Ukrainian children abroad, it is necessary to introduce mechanisms of protection of these children by Ukraine until they reach 18 years of age. Therefore, the Hague Convention may serve one of such protective instruments.

Article 21.

Adoption. If you are adopted, the first concern must be what is best for you, whether you are adopted in your birth country or if you are taken to live in another country.

Issues,

identified by the CRC in Ukraine:

•Parents, who renounce a child, are not always fully aware of the consequences of their action for children. •Adoptive parents usually can select the child themselves, while it would be much more efficient to select parents who are the best fit for a particular child.

Solutions

, suggested by the CRC, or what needs to be done in Ukraine

•To inform biological parents about consequences of their consent to adoption. •To ratify the Hague Convention.

Abuse and Neglect

Article 19.

Article 37.

Article 39.

Rehabilitation of child victims: If you were neglected, tortured or abused, were a victim of exploitation and warfare, or were put in prison, you should receive special help to regain your physical and mental health and rejoin society.

Issues,

identified by the CRC in Ukraine:

•Children suffer from violence in and outside their families. •Children or other individuals report very small number of cases of abuse and neglect to relevant services. •Children are often unaware that after attaining the age of 14 they have a right to apply directly to court to in order to have their rights and interests protected. •Very small number of cases of child abuse and neglect are properly investigated, and the number of prosecutions of such offences is extremely limited. •Children, parents and other family members do not receive adequate medical and social assistance (including abusive or negligent parents).

Solutions

, suggested by the CRC, or what needs to be done in Ukraine

•To make the public aware of the norms of the Law of Ukraine on Protection of Childhood and the Family Code of Ukraine (Article 18) that prohibit all forms of violence against children. •To introduce parental skills trainings, and to inform parents about negative consequences of child abuse and neglect. •To provide adequate assistance to child victims of abuse, as well as to their parents and other family members. •To ensure that all professionals working with children receive training on the identification of child abuse and on taking appropriate actions in response. •To provide adequate resources to analyse the situation with child abuse.

Resources may be financial (e.g. money), human (e.g. specialists), and material (e.g. equipment). Paragraph 1, Article 18 of the Family Code of Ukraine: “Every party to family relations that has attained the age of 14 has the right to directly seek a remedy in court to protect his/her own right or interest”.

Basic Health and Welfare (Articles 6, 18 (para. 3), 23, 24, 26, 27 (para. 1―3) of the Convention) Children with Disabilities

Article 23.

Disabled children: If you have any kind of disability, you should have special care, support and education so that you can lead a full and independent life and participate in the community to the best of your ability.

Issues,

identified by the CRC in Ukraine:

•Children with disabilities and their families have inadequate access to education, social and health services.

Solutions

, suggested by the CRC, or what needs to be done in Ukraine

•It is necessary to set up a system, where children with disabilities will have equal access to educational, social and other services in their families and communities.

•It is recommended to strengthen opportunities for early identification of physical and mental disorders in young •Instead of helping parents of children, and to provide support to parents of these children. children with disabilities in their This will help preventing institutionalization of children. education and development, many of these children are •Monitoring of conditions in residential institutions for places in closed institutions, children is essential, so is the involvement of the civil society which are not child-friendly. organizations in these activities. •Children with mental disorders are deprived of opportunities to study. Children with mental disorders are deprived of opportunities to study.

Special needs/disability may include physical (e.g. the absence of a limb or functional disorder of certain physiological mechanisms) or mental abnormalities. However, current global trend is to consider disability as a weakness in the organization of a society, which gives insufficient or no attention to people with similar problems and removes them from routine social life. People with special needs — this term refers to people who believe that it is difficult for them to perform their everyday duties; or who are often disadvantaged in the situations of employment; or who require special conditions due to their physical state. The term “closed institutions” in this case denotes one of the types of residential facilities, where children stay on permanent basis – live, eat, study and receive treatment. This limits their opportunities to communicate with the surrounding world, thus undermining their normal development. A system (Ancient Greek σύστημα — the entirety, made of parts, a formation) means a consistent combination of specific elements (norms, facilities, human actions, etc.), which represents certain unanimity. Social refers to lives and relations of individuals in the society; synonym to “societal”.

Health and Health Services

Article 24.

Healthcare and health services: You have the right to good quality health-care (e.g. medicine, hospitals, health professionals). You also have the right to clean water, nutritious food, a clean environment and health education so that you can stay healthy. Rich countries should help poorer countries achieve this.

Issues,

identified by the CRC in Ukraine:

Solutions

, suggested by the CRC, or what needs to be done in Ukraine

•To increase budgetary allocations to the health care sector. •Children often do not have access to free health care, as •To prioritize the development of primary health care, and to guaranteed by the Constitution improve the quality of health services in rural areas. of Ukraine. •To strengthen promotion of breastfeeding. •Children from low-income families and rural areas do not •To ensure broad dissemination of information about the always have access even to value of vaccination. primary health services. •Instead of broad promotion of the usefulness of breast milk for children, one can observe extensive commercialization of breast milk substitutes (milk formulas, slurries, etc.). As a result, the breastfeeding for infants up to six months has declined. •One can also observe public mistrust in vaccination, resulting in rapid decline in the numbers of immunized children.

Vaccination is a prophylactic measure, which is used to protect people from various diseases. It envisagesintroductionofattenuated and safe virus in human body to make it immune to a particular disease. Thanks to vaccination the mankind was able to overcome smallpox. In recent years there were a lot of newsreels, TV programmes and segments about negative consequences of vaccination. As medical officials are reluctant to comment on them, people develop distrust both towards the quality of vaccines and the procedure of immunization itself.

Adolescent Health

Article 6.

Right to life and development: You have the right to live and grow well. Governments should ensure that you survive and develop healthily.

Issues,

identified by the CRC in Ukraine:

•The adolescent health is deteriorating in Ukraine. •Children are poorly informed about ways of transmission of certain diseases, especially sexually transmitted infections, and it leads to further spread of such diseases. •High numbers of teenage abortions constitute the principal cause of maternal mortality. •The number of health practitioners specialized in adolescent health is limited. 20

UNICEF (United Nations Children’s Fund) ) is the specialized UN agency that asserts the rights of children and prioritizes actions, aimed at the improvement of situation of the most vulnerable and disadvantaged children. The goal of the Fund is to improve health, nutrition and living conditions of children. International technical assistance (ITA) denotes resources and services that are made available to Ukraine for free and irrevocably according to its international agreements to support local and national development.

Solutions

, suggested by the CRC, or what needs to be done in Ukraine

•It is recommended to undertake comprehensive study on adolescent health and to use this for planning further measures. •Necessary measures should focus on prevention of teenage pregnancies, provision of information abort the risks of abortions and sexually transmitted infections. •It is essential to develop adolescent health-related services, especially in rural areas. •Urgent measures need to be taken to reduce maternal deaths related to teenage abortions. •It is essential to ensure that the views of the child are always heard and respected in abortion decisions. •The state should seek technical assistance from UNICEF.

Mental Health

Article 6.

Right to life and development: You have the right to live and grow well. Governments should ensure that you survive and develop healthily.

Issues,

identified by the CRC in Ukraine:

•High number of suicides among children, affecting particularly children living in rural areas and boys.

Solutions

, suggested by the CRC, or what needs to be done in Ukraine

•It is recommended to develop a comprehensive national child mental health policy. •It is strongly recommended to promote mental health, counselling and prevention of mental health disorders in primary health care, schools and communities, and to provide child-friendly outpatient and inpatient child mental health services. •To strengthen efforts aimed at suicide prevention among children and young people, including by increasing accessible psychological consultation services and strengthening of social work in schools. •The state should seek technical assistance from WHO.

WHO (World Health Organization) is the specialized UN agency that pursues the goal of providing the entire global population with adequate healthcare. The WHO Charter can be briefly formulated as “Every human being has the right to health”.

Drug, Tobacco, Alcohol and other Substance Use

Article 33.

Children and drug abuse: The Government should provide ways of protecting you from using, producing or distributing dangerous drugs

Article 6.

Right to life and development: You have the right to live and grow well. Governments should ensure that you survive and develop healthily.

Article 18.

Parents’ joint responsibilities: Both your parents share responsibility for bringing you up and should always consider what is best for you. Governments should provide services to help parents, especially if both parents work.

Issues,

identified by the CRC in Ukraine:

•Children use injecting drugs. This primarily affects children in prison, children left behind by migrating parents, and children in street situations. •Injecting drug use is the main reason for HIV infection. •Children who use drugs do not have access to trustworthy specialized youth-friendly services aimed at treatment and rehabilitation. •Instead of receiving adequate assistance, a child who uses drugs may end up in custody. •Many children initiate tobacco and alcohol use in young age, which is in part related to ineffectiveness and weak enforcement of legislation prohibiting the sale of these substances to children.

Solutions

, suggested by the CRC, or what needs to be done in Ukraine

•It is necessary to develop a system of specialized and youthfriendly drug dependence treatment and harm reduction services for children and young people, building on recent legislative progress and best practices. •Drug use or personal possession of drugs should not prevent the child’s access to such services. To do so, it is necessary to amend the laws that criminalize children for possession or use of drugs. •It is essential to inform health and law enforcement professionals working with children on HIV prevention. •Investigation and punishment of ay abuses by law enforcement against such children should be made mandatory. •It is necessary to intensify practical enforcement of the prohibition of the sale of alcohol and tobacco to children. •Efforts should be made to address root causes of alcohol, tobacco and drug use among children.

HIV/AIDS

Article 6.

Right to life and development: You have the right to live and grow well. Governments should ensure that you survive and develop healthily.

Article 24.

HIV/AIDS — human immunodeficiency virus (HIV) causes acquired immunodeficiency syndrome (AIDS), infecting cells in human body. By disrupting the protective system of organism, it leads to the development of various symptoms and diseases that may cause death. HIV infection is typically transmitted during unsafe sex (contacts without condoms), or with blood (through contaminated needles and syringes during the drug use. HIV can be also transmitted from an infected mother to her baby at birth or during breastfeeding. The fourth major route of HIV transmission is blood transfusion. Confidential information is information about an individual (personal data) or organization, where access and dissemination of such data is possible only upon consent of its holders (those whom this information directly concerns), and only upon conditions, defined by these holders.

Issues,

identified by the CRC in Ukraine:

•Children receive limited information on the ways of HIV/AIDS transmission. •Many children and adolescents, especially in the age of 15-19 years, live with HIV; many die of AIDS-associated diseases. •Children living with HIV/AIDS lack adequate medical assistance and drugs. •Due to disclosure of personal information of children living with HIV/AIDS, they have problems with attending schools.

Solutions

, suggested by the CRC, or what needs to be done in Ukraine

•To provide adequate funding and other resources for the implementation of national programmes for HIV/AIDS prevention, especially those targeting children and youth. •To give special focus on respecting human rights of children and youth affected by HIV/AIDS, or at risk of HIV/AIDS, including children in street situations and children suffering from substance abuse. •To ensure access of these children to confidential and youthfriendly services. •To intensify information and awareness campaigns on HIV/ AIDS and other sexually transmitted infections for adolescents and for the general public.

Standard of Living

Article 26.

Benefit from social security: The society in which you live should provide you with benefits of social security that help you develop and live in good conditions (e.g. education, culture, nutrition, health, social welfare). The Government should provide extra money for the children of families in need.

Article 27. Adequate standard of

living: You should live in good conditions that help you develop physically, mentally, spiritually, morally and socially. The Government should help families who cannot afford to provide this.

Issues,

identified by the CRC in Ukraine:

•Low-income families with children do not receive adequate social support. This is particularly true for families with many children and with children under the age of three. •High level of corruption in the country.

Solutions

, suggested by the CRC, or what needs to be done in Ukraine

•The issue of children’s rights should be taken into consideration in the implementation of the state programmes for the economic and social development and relevant poverty reduction programmes. •More attention should be given to poverty reduction and protection to the benefit of families with children with financial difficulties. •More effective efforts to combat corruption should be undertaken.

Education, Leisure and Cultural Activities (Articles 28, 29 and 31 of the Convention) Education, Including Vocational Training and Guidance

Article 28.

Right to education: You have a right to education. Discipline in schools should respect your human dignity. Primary education should be free and required. Rich countries should help poorer countries achieve this.

Issues,

identified by the CRC in Ukraine:

•The number of educational facilities reduces, and this limits access to education for many children, especially those living in rural areas, Roma children and children with disabilities. •Not all kids of preschool age are able to attend kindergartens (pre-schools) due to the deficit of the latter. •Children do not receive education of adequate quality due to inappropriate funding of educational sector and low salaries of teachers.

Solutions,

suggested by the CRC, or what needs to be done in Ukraine

•To increase funding of educational facilities, guaranteed by the Law on the State Budget. •To analyse causes of the general decrease in the number of schools and the number of children who attend them. •To introduce inclusive education and to ensure access to education to all children, including children with special needs.

Inclusive education is defined as a comprehensive approach to ensuring equal access to quality education for children with special educational needs through organization of their education in schools of general education. It is based on personality-centred educational methods that take into account individual peculiarities of children’s learning and cognitive abilities. The goal of inclusive education is to implement the right of children with special educational needs to study at the place of their residence; to encourage their socialization and social integration; and to involve families in educational processes. UNESCO (the United Nations Educational, Scientific and Cultural Organization) ) is an international organization and a specialized UN agency that supports elimination of illiteracy, training of national specialists, development of national cultures and protection of the world cultural heritage through cooperation of its member states in the area of education, science and culture.

•To undertake measures to ensure non-discrimination of all children both in educational facilities and in extracurricular activities. •To improve availability, accessibility and the quality of pre-school and general education in rural areas. •The state is encouraged to seek assistance from UNICEF and UNESCO.

Aims of Education

Article 29.

The aims of education: Education should develop your personality, talents and mental and physical skills to the fullest. It should prepare you for life and encourage you to respect your parents and your own and other nations and cultures. You have a right to learn about your rights.

Issues,

identified by the CRC in Ukraine:

•Children lack full access to education on human rights, intercultural understanding and tolerance. •Current educational system insufficiently develops the child’s learning skills, self-esteem and self-confidence. •There are many pupils with learning difficulties, school fatigue, psychological discomfort from the proximity of fellow students, and a feeling of rejection on the part of teachers. 25

Office of the High Commissioner for Human Rights (OHCHR) ) deals with human rights issues within the United Nations framework. The main goal of the High Commissioner for Human Rights is to encourage the United Nations efforts in the area of human rights protection and to lead the global action for human rights in the role of moral authority and advocate for the victims of arbitrariness.

Solutions

, suggested by the CRC, or what needs to be done in Ukraine

•To develop a national programme for human rights education. •To ensure compliance of the aims of education with the international standards. •To seek assistance from UNESCO, UNICEF and the Office of the High Commissioner for Human Rights (OHCHR).

Rest, Leisure, Recreation and Cultural and Artistic Activities

Article 31.

Leisure, play and culture: You have a right to relax and play and to join in a wide range of recreational and cultural activities.

Cultural institution stands for the organization that works towards production, maintenance, replication and dissemination of cultural values and benefits, or the organization that carries out leisure and recreation-related activities. The list of such organizations includes hobby clubs, libraries, cultural centres, music halls, museums, etc.

Issues,

identified by the CRC in Ukraine:

•Many children have limited access to cultural life and cultural institutions. •As a result, children spend more time on television watching, attendance of computer clubs and game halls. •Restrictions regarding visits by children to such venues (computer clubs, game halls, etc.) are not executed.

Solutions

, suggested by the CRC, or what needs to be done in Ukraine

•It is necessary to guarantee the right of the child to rest and leisure, to engage in sports, play and recreational activities, to participate in cultural life and arts. •It is highly recommended to increase the number of sports grounds and stadiums, leisure clubs, hobby clubs and so on.

Special Protection Measures (Articles 22, 30, 32―36, 37 (b―d), 38―40 of the Convention) Asylum-seeking and Refugee Children Asylum-seeker (seeker of refugee status) is an individual who appeals to the government with a request to give him/her the refugee status, and whose request is yet to be satisfied. Currently Ukraine receives or provides shelter to refugees from many countries, including: Afghanistan, Bangladesh, Georgia, Ethiopia, Kyrgyzstan, Congo, Côte d’Ivoire, Palestine, Somalia, Uzbekistan, Russian Federation (including Chechnya) and many others. 26

Article 22.

Refugee children: If you have come to a new country because your home country was unsafe, you have a right to protection and support. You have the same rights as children born in that country.

Article 38.

Protection of children affected by armed conflict: If you are under fifteen (under eighteen in most European countries), governments should not allow you to join the army or take any direct part in warfare. Children in war zones should receive special protection.

Refugees are people who were forced to flee to foreign country because of warfare, natural disasters or political persecution, and who cannot or unwilling to return to their country of origin because of the said fears. Of special concern are refugee children, who become victims of specific types of persecution, e.g. female genital mutilations, the use of child soldiers, the sale of children and slavery. A refugee cannot be expelled or forcibly returned to countries where he/she may be subjected to torture and other severe, inhuman or degrading treatment or punishment, or to ones from which he/she may be expelled or forcibly returned to countries where his/her life or freedom are endangered on account of race, religion, nationality, citizenship, membership of a particular social group or political belief. The refugee status guarantees an individual all basic human rights, enjoyed by the citizens of Ukraine.

Issues,

identified by the CRC in Ukraine:

•Asylum-seeking and refugee children have limited access to state assistance and services, such as medical and psychological treatment and interpretation. •Instead of appointing legal representatives to these children, or placing them in specialized shelter, unaccompanied and undocumented asylum-seeking and refugee children are typically held in detention and become subjects of subsequent deportation to the countries of origin. •The number of such children in currently unknown.

Solutions

, suggested by the CRC, or what needs to be done in Ukraine

•To adopt the new Law on Refugees that would guarantee that children of recognized refugees received derivative refugee status. •To ensure that unaccompanied asylum-seeking children are promptly appointed a legal representative in order to effectively access the asylum procedure, as well as assistance and protection, including access to free interpretation. •To make sure that no asylum-seeking or refugee child is deprived of his or her liberty. •To ensure effective cooperation between the state authorities that deal with refugee children. •To set up an effective data collection system with respect to the registration of refugee children, which would make it possible to estimate real number of such children including those under 18 years of age. •To ensure appropriate birth registration of refugee children, born in Ukraine.

Economic Exploitation including Child Labour

Article 32. Child labour:. The government should protect you from work that is dangerous to your health or development, that interferes with your education or that might lead people to take advantage of you.

Article 33

Children and drug abuse: The Government should provide ways of protecting you from using, producing or distributing dangerous drugs.

Article 36.

Children and drug abuse: You should be protected from any activities that could harm your development and wellbeing.

Issues,

identified by the CRC in Ukraine:

•Many children below the age of 15 years work in the informal and illegal economy, in particular, in illegal coalmines, in the sex industry and in street begging rings. •The facts of employment of children under difficult and hazardous conditions were revealed. •Cases of the use of illegal child labour are underreported.

Solutions

, suggested by the CRC, or what needs to be done in Ukraine

•To provide adequate resources to ensure more effective work of the state labour inspection bodies, which ensure strict compliance with legislation on child labour. •To consider expanding inspections of violations of child labour legislation to the level of informal sector of economy and families, in particular, on the basis of ILO methodologies. •To apply adequate sanctions against persons violating existing legislation on child labour. •To introduce trainings on international standards on child labour to inspectors, responsible for finding violations of child labour legislation. •To fully implement international recommendations to eradicate the use of child labour in illegal coalmines, and children’s occupation in grading and loading of coal on open surfaces.

Convention of the Rights of the Child clearly states that until the age of 18 years you are protected from performing any work that may harm you or constitute economic exploitation. Harmful work is the occupation that: may harm your health and development; may cause physical and emotional distress; may interfere with your education, leisure and recreation. Exploitation means maltreatment or the use of others for mercenary purposes. Examples include the use of child labour to repay parents’ debts, or forced illegal or hazardous activities for somebody else’s benefits. Exploitative labour is when you are forced to do something; when they buy or sell you (the sale of children); when they use you in prostitution and pornography; when you lose your dignity and self-respect; when your reward is unfair (or when you receive nothing in return for your labour). In Ukraine you may start working at the age of 14 upon consent of both parents, and at the age of 15 – upon consent of either parent. However, such occupations and workload should not harm your health and should not interfere with your learning and recreation. 28

Informal economy means the sector of economy and specific aspect of human activities, aimed at receiving benefits. It is primarily regulated by informal (or illegal norms). The term itself bears negative connotation. Illegal, yet profitable types of activities include: theft, burglary and robbery; corruption (abuse of power for personal gain); money laundering (giving apparent legality to illegally obtained money); contraband (violation of customs rules and regulations); poaching (violation of rules of hunting, fishing and timber harvesting); forgery; production of synthetic drugs or software for hacking banking systems; informational fraud; hiring illegal migrant workers, etc. International Labour Organization (ILO) is the specialized entity of the League of Nations, and after World War II – of the United Nations (UN), founded in 1919 by the governments to support international cooperation in the area of global peace and reduction of social injustice through the improvement of labour conditions. ILO’s primary goals in the 20th century were to support demography and social dialogue, to reduce poverty and unemployment, and to eliminate child labour.

Children in Street Situations

Issues,

identified by the CRC in Ukraine:

•There are too many children who live and/or work on streets. •Children in street situations are particularly vulnerable to health-related risks, including in relation to substance and drug abuse. Other negative factors that may compromise children’s health include HIV/ AIDS, sexual exploitation, forced labour and police violence. •Children in street situations have limited access to fullfledged social support, which includes clothing, accommodation, health care and education).

Solutions

, suggested by the CRC, or what needs to be done in Ukraine

•It is necessary to develop a national strategy to help street children to return to life in family environment. •It is recommended to increase the number of shelters and rehabilitation centres for children in street situations. •It is essential to support full development of street children by offering them adequate nutrition, clothing, housing, health care and educational opportunities, including vocational and lifeskills training.

•Provision of rehabilitation services for children abusing drugs is underdeveloped in Ukraine. 29

Sexual Exploitation and Abuse

Issues,

identified by the CRC in Ukraine:

•The number of cases of sexual abuse, exploitation and involvement of children in prostitution and production of pornographic materials is increasing. •One can observe alarmingly high numbers of Internet users of child pornography.

Article 34. Article 39. Rehabilitation of child victims: If you were neglected, tortured or abused, were a victim of

Protection from sexual exploitation: The government should protect you from sexual abuse.

exploitation and warfare, or were put in prison, you should receive special help to regain your physical and mental health and rejoin society.

Solutions

, suggested by the CRC, or what needs to be done in Ukraine

•To harmonize current legislation of Ukraine with the Convention on the Rights of the Child, particularly with its provisions on child prostitution and other forms of sexual •The number of criminal cases, exploitation of children. initiated, investigated and •To collect the data on child victims of sexual exploitation, brought to the court in this abuse and other crimes (e.g. law enforcement agencies have respect, is very small. to have such information). •Child victims have almost no access to rehabilitation services.

•To combat root causes of the sale of children and their sexual exploitation, such as poverty. •To strengthen the capacity of law enforcement agencies and social workers to detect and investigate cases of sexual exploitation, abuse and child pornography by increasing their technical resources (means of communication, recordkeeping, surveillance and so on). •To increase the number of centres providing assistance to child victims of sexual exploitation and abuse. •To seek technical assistance from UNICEF.

Sexual exploitation refers to abusive and inappropriate treatment of a child, and/or use of other persons for personal gain through involvement of these persons in prostitution or other illegal or amoral acts, related to provision of sex services. Rehabilitation services are the set of services, aimed at restoring optimal levels of physical, intellectual, mental and social conditions of an individual to contribute to his/her reintegration in the society.

Sale, Trafficking and Abduction

Article 35.

Protection from trafficking, sale, and abduction: The government should make sure that you are not kidnapped, sold or taken to other countries to be exploited.

Issues,

identified by the CRC in Ukraine:

•The likelihood of becoming victims of human trafficking in Ukraine is very high: the country remains one of the largest “sources” of trafficking in Europe. •Children lack information about dangers of human trafficking to prevent them from risky situations. •Cases of prosecution of persons engaged in trafficking of children are very few.

Trafficking in people (or Human Trafficking) refers to the sale and buying of people, primarily women and children. It often occurs at borders between countries, especially between low- and highincome states. International Organization for Migration (IOM) is the leading international organization in the area of migration, which cooperates closely with governmental, intergovernmental and nongovernmental partners. IOM works towards alleviation of migration processes, including regulation of migration and forced migration. IOM activities in said areas include support to international migration laws; policy arrangements and development of recommendations; protection of rights of migrants; provision of health services to migrants; addressing gender aspects of migration.

Solutions

, suggested by the CRC, or what needs to be done in Ukraine

•To undertake measures on prevention of international child abduction in line with Ukraine’s international commitments, and to report on them in its next periodic report. •To intensify public information campaigns on trafficking of children, focusing on the risks of being enticed through promises of work abroad, modelling, studies abroad, participation of beauty contests, etc. •To strengthen investigation into all cases of alleged trafficking in children, including through allocation of necessary resources to militia. •To ensure that those responsible for crimes are brought to justice. •To seek technical assistance from UNICEF and IOM.

Helplines

Article 4.

Non-governmental organizations have already Enjoying the rights in the Convention: fulfilled this recommendation and Governments should make these rights available to you established the national helpline and all children. for children: 0-800-500-33-5 or 386. All calls to these numbers are toll-free.

Article 39.

Solutions

, suggested by the CRC, or what needs to be done in Ukraine

•To further strengthen and expand telephone helpline services for children. •To ensure that helplines are 3-digit and toll-free for children, and available 24 hours. •It is recommended to raise awareness among children about availability of helplines, especially at schools. 31

Administration of Juvenile Justice

Issues,

identified by the CRC in Ukraine:

•Instead of receiving relevant assistance, children in conflict with the law are subject to punitive measures, such as pretrial and trial detention, and imprisonment. As a result, the proportion of children in the prison population is very high. •Prison sentences for children aged 16 and 17 years may be as long as 15 years. •Children in conflict with the law under 14 years of age are placed in closed remand institutions despite the fact that such sentence can be applied only after attainment of 14 years. •Due to poor social support, the rate of relapse of child offenders to crimes is high.

Article 40.

Juvenile justice: If you are accused of breaking the law, you must be treated in a way that respects your dignity. You should receive legal help and only be given a prison sentences for the most serious crimes.

Article 37.

Solutions

, suggested by the CRC, or what needs to be done in Ukraine

•It is necessary to introduce the system of justice for children in contact/conflict with the law in line with international standards, namely: •Instead of deprivation of liberty, children in conflict with the law should be provided with alternative measures, e.g. rehabilitation, mediation, community service or suspended sentences. •Legislative and practical establishment of one minimum age of criminal responsibility in line with the CRC’s General Comment No.10 (2007). •Prevention of placement of children aged 11 to 14 years, who were found guilty for committing socially dangerous actions, in closed institutions. Instead it is suggested to conduct necessary social work with such children. •It is expedient to strengthen social support, including through training and increase in the number of specialists (e.g. social workers) to work with children in conflict with the law. •To continue cooperation with relevant UN agencies.

A system of justice includes all institutions and procedures (such as courts, advocates, prisons) established in the society to combat crime and people, who violate the law. 32

Minimum age of criminal responsibility is the age at which an individual, who committed crime or offence, becomes liable to punishment. The age of criminal responsibility in Ukraine is 16 years, and in specific cases (especially grave crimes) it can be reduced to 14 years.

Children Victims and Witnesses of Crimes

Article 39.

Issues,

identified by the CRC in Ukraine:

•The national legislation does not provide for child-specific protection measures for child victims and witnesses of crime in the criminal justice process. •Children involved in prostitution should be treated as victims, rather than as offenders, but this is not mandatory by law.

Solutions

, suggested by the CRC, or what needs to be done in Ukraine

•It is necessary to ensure full protection to all children victims (e.g. victims of abuse, domestic violence, sexual and economic exploitation, abduction and trafficking). •Child victims and witnesses of crimes should never be treated as offenders by the authorities.

Full protection should include: Adaptation of all criminal justice procedures with regard to vulnerability of child victims and witnesses of crimes; Updating child victims and witnesses about their rights, terms and course of the process, and decisions on their cases; Ensuring appropriate consideration of views, needs and problems of child victims; Provision of child victims with adequate assistance and support; Protection of privacy and identity of child victims; taking measures towards prevention of unnecessary dissemination of information that could compromise the confidentiality of victim’s personal data; Protection of child victims, their families and witnesses speaking on their behalf, from intimidation and reprisals; Prevention of undue delays in making decisions on cases, and in executing rulings and resolutions concerning payment of compensations to child victims.

Children belonging to Minority or Indigenous Groups

Article 30. Children of minorities and native origin: You have a right to learn and use the traditions, religion and language of your family, whether or not these are shared by most people in your country.

Issues,

identified by the CRC in Ukraine:

•Children from families of ethnic minorities face many challenges, such as limited access to education, health and social services, as well as police violence. •This is particularly true for Roma children and children of Crimean Tatars.

Solutions

, suggested by the CRC, or what needs to be done in Ukraine

•To adopt comprehensive law to prohibit any forms of discrimination against personality. •To undertake analysis of enjoyment of rights of ethnic minorities. •To prevent any forms of discrimination on the part of the state and local self-governments, and to focus efforts on protection of rights of children belonging to minority groups. •To intensify efforts to ensure the right to education for all children belonging to minorities, focusing on Roma and Crimean Tatar children. •To introduce inclusive education scheme in general and secondary education.

General Measures of Implementation (Articles 4, 42, and 44, para. 6 of the Convention)

Article 4.

Enjoying the rights in the Convention: Governments should make these rights available to you and all children.

Article 41.

Respect for higher human rights standards: If the laws of your country are better for children than the articles of the Convention, then those laws should be followed.

Article 42.

Making the Convention widely known: The Government should make the Convention known to all parents, institutions and children.

Article 43—54.

Duties of Governments: These articles explain how adults and governments should work together to make sure all children get all their rights

Issues,

identified by the CRC in Ukraine:

•Many of the CRC’s previous recommendations have been insufficiently or only partially addressed. •The national legislation of Ukraine is not fully in line with principles and provisions of the Convention on the Rights of the Child. • Different government authorities are responsible for the implementation of specific provisions of the Convention, but there is lack of a single coordinating body. •Despite appointment of the Special Representative of the Ukrainian Parliament Commissioner for Human Rights (Ombudsman) on Child Protection, Equality and Non-discrimination, and the establishment of a Department for Child Protection and Gender Equality in the Office of the Commissioner, an independent mechanism specifically mandated to and adequately resourced to review the implementation of the Convention remains nonexistent.

Gender equality refers to safeguarding equal opportunities to all boys and girls, men and women in all spheres of public and private life, as well as taking into consideration their special needs in the development of government policies and programming. This does not mean that both genders are the same; rather it means that both genders are equal in terms of rights, and should enjoy equal opportunities in exercising them. In spite of significant global progress, achieved in this area during the last century, and despite positive changes in public attitudes towards gender equality, in Ukraine we still have a number of barriers towards genuine gender equality. Studies demonstrate that young men earn more than girls; if young couple lives together, the girl has to take twice as more of household chores, than her male partner; only a few young fathers agree to take maternity leave, and only in countries where it is permitted. Independent mechanism is necessary feature of the national human rights institutions, which envisages autonomy from the government; indifference towards politics; absolute non-partisanship and fairness; ability to criticize and provide recommendations; the presence of broad mandate to investigate specific situations; adequate material backing (e.g. to provide assistance or to consider complaints free of charge, and to be free from the government’s fiscal controls). Paris Principles (full title – Principles relating to the Status of National Institutions) is the document, adopted by the UN General Assembly, which specifies basic characteristics, powers and functions of the national human rights institutions that play an important role in promoting and protecting human rights, including children’s rights. The General Assembly urges the national governments to establish and strengthen national human rights institutions in order to protect human rights and to fight against their violations (including children’s rights). Ombudsman (Swedish ombudsman – “duly authorized person”, or “trusted representative”) is an official with delegated functions of control and supervision over the activities of other government authorities. Ombudsman serves as an “arbitrator” between an individual and the government, having necessary authority to investigate violations of human rights, and to provide assistance in restoring person’s rights. The ultimate goal of Ombudsman’s activities is to help an individual and to make impossible further violations of this kind regarding other persons.

•Allocation of funding for children and financing of necessary social services remains inadequate. •Not all adults know and aware of the Convention on the Rights of the Child.

Ukrainian Ombudsman - The Ukrainian Parliament Commissioner for Human Rights –exercises parliamentary control over the observance of human rights and the rights of children throughout the territory of Ukraine and within its jurisdiction. Current Ukrainian Ombudswoman is Valeriya Lutkovska (Tel..+ 38-044-253-75-89, e-mail: hotline@ombudsman.gov. ua). Children’s Ombudsman (or Ombudsman for Children) is an official, authorized to control the observance of legal rights and interests of children. In Ukraine we have two officials, who can be defined as “ombudsmen for children”: The Special Representative of the Ukrainian Parliament Commissioner for Human Rights on Child Protection, Equality and Non-discrimination (Tel.: (044) 253-75-89); Yuriy Pavlenko, the President of Ukraine Commissioner for Children’s Rights (Tel.: (044) 25578-03, pavlenko@apu.gov.ua)

Solutions

, suggested by the CRC, or what needs to be done in Ukraine

•To undertake a comprehensive review of all national legislation so as to ensure its full compliance with the Convention. •To establish a separate independent national mechanism, in full accordance with the Paris Principles relating to the Status of National Institutions to ensure systematic analysis of implementation of the Convention. To this end, the CRC recommends that the State party adopt the Law on the Ombudsman for Children in Ukraine. •To improve resource allocation for children at the central and local levels in line with actual needs of children and their families. •To undertake poverty reduction measures. •To ensure broad dissemination of information about the Convention among the general public. •To intensify training on the Convention for professionals, with a focus on law enforcement officers, health professionals, social workers, teachers, immigration officials, members of the judiciary, and representatives of the media. •To encourage public involvement in the implementation of the Convention on the Rights of the Child. •To implement international standards for the best interests of the child. •To support cooperation with regional and international bodies. •To disseminate recommendations and to make the national periodic reports to CRC widely available in the languages of the country.

Non-governmental organizations and public associations involved in the development of childfriendly version of Concluding Observations and Recommendations of the Committee on the Rights of the Child Association of the Young Professionals “Class” The goal of the Association is to involve young people in active participation in social life; to develop their educational, leadership, creative and social capacities; to provide social and psychological support to young people in difficult life circumstances. Our work builds on the principles of social responsibility, integration, equal social empowerment and gender balance. Contacts: Postal address: p/o box # 3058, Kharkiv 61034. Tel.: (067) 5747902, (057) 7573465. E-mail: kolena2000@ukr.net; contact@class.org.ua

Danish Refugee Council The project “Legal and Social Protection of Asylum Seeking and Refugee Children in Ukraine, Moldova and Belarus”. Monitoring of rights of asylum seeking children. Support to government bodies in Ukraine, Belarus and Moldova in the area of protection of rights of refugee children. Legal and social follow up.

Contacts: Postal address: 2-4/7 Pushkinska St., Kyiv 01034. E-mail: dina.gud@drc.dk

All-Ukrainian Foundation “Protection of Children’s Rights” The goal of the organization is to collect, generalize and analyse information on the situation with children’s rights in Ukraine; to coordinate activities in the area of childhood protection; and to implement projects, aimed at introduction of legislative, social and institutional initiatives to ensure full enjoyment of rights by children. As a human rights organization, our Foundation supports government authorities and state bodies in adequate implementation of the Convention on the Rights of the Child. Contacts: Postal address: 49 Predslavynska St., office 4, Kyiv 03150 Tel.: +380443319898. Fax: +380445283748. E-mail: jane_p@ukr.net Web-site: http://childfund.com.ua

Environmental Children’s Organization “Flora” Main activities include educational and social support to children and adolescents; nature protection initiatives. Key principle is “Young people for young people”. Contacts: Postal address: 19 Yehorova St., office 2, Kirovohrad 25015. Tel.: +380522270463. E-mail: Flora2000@inbox.ru Web-site: http://childflora.org.ua

Women’s Consortium of Ukraine The organization focuses on advocacy campaigns, educational and promotional initiatives aimed at prevention of violence against children and women, including domestic violence; combating of human trafficking and advancement of equal rights and opportunities of women. Contacts: Postal address: 10 Kostyolna St., office 28, Kyiv 01001. Tel.: +380445926854. Fax: +380442790026. E-mail: info@wcu-network.org.ua Web-site: http://wcu-network.org.ua 37

Partnership for Every Child Organization focuses on prevention of institutional placement of children; supports children’s return to their biological families; encourages family-based placement of children (care and guardianship, adoption, foster care, children’s homes of family type), or their moving to some form of independent living. Contacts: Postal address: 28 Kominterna St., Kyiv 01032. Tel.: 0443590210. Fax: 0443590211. E-mail: info@everychild.org.ua Web-site: http://www.everychild. org.ua

Human Rights Centre “Postup” Since 2000 the organization works in the area of protection of rights and interests of children at risk (street children, social orphans). During 2000-2004 the NRC supported operations of the day-care rehabilitation centre for homeless children. Beginning from 2008 the HRC “Postup” coordinates the network of children rights bureaus in the Luhansk oblast and supports the Legal Advice centre for vulnerable children. Contacts: Postal address: 30th Anniversary of Great Victory St., building 2, office 50, Luhansk 91050. 38

Tel.: 064.249.5963, 050.623.5846. E-mail: reutski@gmail.com Web-site: http://postup.lg.ua

Gender Agency of Consultation and Information, IBFANSumy Group Organization provides information and consultation services in the area of youth and gender policy; as well as promotes, protects and supports breastfeeding. Contacts: Postal address: 1/41 Antonova St., Sumy 40030. Tel.: 0509249433, (0542)620957. Contact person – Julia Savelyeva.

Kharkiv Oblast Foundation “Civic Initiative” Main activities include: educational programmes on human and children’s rights; monitoring of human rights in Ukraine; prevention of child abuse and violence against children; implementation of European human rights standards in the Ukrainian court system; human rights in schools. Contacts: Postal address: 72/48 Lenina Ave., Kharkiv 61103. Tel.: +380504023456. Fax: +380573450707. E-mail: public.alternative@gmail. com

Chernihiv NGO “M’Art” Organization’s mission is to support children and young people in protecting their rights. Organization’s mission is to support children and young people in protecting their rights. Monitoring of human rights; Human rights and citizen education; Legal assistance in human rightsrelated issues (representation in courts and other government authorities, legal counselling); Organization and support of human rights public events; Consolidation of efforts of all sectors of the society in respect to human rights. Contacts: Поштова адреса: p/o box # 79, Chernihiv 14000. Tel.: 0462774110. E-mail: mart.ngo@googlemail.com

Useful Information In order to have his or her rights protected, every child can appeal to: The Ukrainian Parliament Commissioner for Human Rights – Valeriya Lutkovska By writing a letter to the address: 01008, Kyiv, 21/8 Instytutska St., By calling to the hotline: +38-044-253-75-89, Or by sending e-mail to the address:ohotline@ombudsman.gov.ua. The President of Ukraine Commissioner for Children’s Rights – Yuriy Pavlenko, Via the telephone: +38-044-255-78-03, Or by e-mail: pavlenko@apu.gov.ua. Additionally in Ukraine we have a national hotline for children: 0-800-500-33-5 or 386. All calls to these numbers are toll-free. A number of relevant governmental and nongovernmental organizations work in every region and every city, e.g. Child Affair Service. You can get contact information of such service in your city or region by asking teachers, social workers and social service volunteers.

You are holding the document, which is extremely important for all children and adolescents in Ukraine, as it has significant impact on ensuring the rights of every child. This paper is called “Concluding Observations and Recommendations of the Committee on the Rights of the Child: Ukraine” (or “Concluding Observations”). It was developed in winter of 2011. In this document the Committee identifies basic violations of the rights of the child in Ukraine and expresses its vision of how these violations can be eliminated. Concluding Observations were written to help Ukraine to improve current situation in the area of protection of children’s rights. All institutions and organizations working with and for children should be guided by this document. In 2017 Ukraine will report to the Committee’s experts on how the country has fulfilled these recommendations. Prepared by: Maria Alekseyenko, Kostyantyn Shenderovskyi, Oksana Moskalenko Proof-reader: Tetiana Nebesna Non-governmental organizations and public associations, involved in the development of child-friendly version: Association of the Young Professionals “Class” Danish Refugee Council All-Ukrainian Civic Organization “Women’s Consortium of Ukraine” All-Ukrainian Foundation “Protection of Children’s Rights” Environmental Children’s Organization “Flora” EveryChild Ukraine Human Rights Centre “Postup” Sumy Oblast Youth Organization “Gender Agency of Consultation and Information” Kharkiv Oblast Foundation “Civic Alternative” Chernihiv NGO “M’art” Reviewers: students of the 9A form, Kalinivka school, Brovary district, Kyiv region. Address for Correspondence: “Women’s Consortium of Ukraine” 10 Kostyolna St., office 28 Kyiv 01001 info@wcu-network.org.ua wcu-network.org.ua This publication was prepared with financial and expert support from Swedish NGO “Save the Children Sweden”. Sources

The Diversity Initiative, http://diversipedia.org.ua/ “Compasito: Manual on Human Rights Education for Children”, http://www.eycb.coe.int/compasito/ru/ contents.html Materials of the Special Session of the UN General Assembly on Children, May 8 – 10, 2002, http://www. un.org/russian/documen/gadocs/27spec/ Нечипоренко О.Л. Знайомтесь: Уповноважений Верховної Ради України з прав людини. – К.: [Ін-т громадян. сусп-ва], 2003. – 24 с. Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography http://zakon.rada.gov.ua/cgi-bin/laws/main.cgi?nreg=995_b09